Ilya Somin: The Constitutional Case against Exclusionary Zoning - Episode 4

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Yeoman Podcast

Yeoman Podcast

4 ай бұрын

Ilya Somin joins Geoff to discuss the newly published paper, The Constitutional Case Against Exclusionary Zoning, that he co-authored with Joshua Braver.
papers.ssrn.com/sol3/papers.c...
What's the big deal about exclusionary zoning and what does it have to do with the overarching Yeoman theme? Glad you asked! Geoff answered that question in this thread:
/ 1758588734323241217
Professor Somin is a Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights.
Ilya's complete bio: www.law.gmu.edu/faculty/direc...
Ilya on twitter: / ilyasomin
Josh Braver’s bio: law.wisc.edu/profiles/joshua....
Josh Braver on twitter: / joshuabraver1
Some things that came up in the conversation:
The Anti-oligarchy Constitution: anti-oligarchy.com/
Emily Hamilton's work on Houston: www.mercatus.org/research/pol...
Edward Glazer's work on zoning and affordability: www.nber.org/papers/w8835
Pacific Legal Foundation: pacificlegal.org/
Institute for Justice: ij.org/

Пікірлер: 4
@MassacreSpree
@MassacreSpree 4 ай бұрын
Powerful stuff! This has my architectural brain on the edge of my seat. I've been long interested in this topic. Hope to see more from you like this!
@emmetcosten9453
@emmetcosten9453 4 ай бұрын
I normally don't agree with the CATO institute, but I hope they achieve success with this endeavor. I would love to see Euclid v Ambler get overturned and couldn't agree more with Ilya on this issue.
@tomgraham4404
@tomgraham4404 4 ай бұрын
I just read the article abstract. Is link to full article available? 1st paragraph, last sentence: “Despite the wave of academic and public concern about the issue, so far, no modern in-depth scholarly analysis has advocated overturning or severely limiting Euclid. Nor has any scholar argued that exclusionary zoning should be invalidated under the Takings Clause, more generally.” WHAT ABOUT RICHARD EPSTEIN’S BOOK, TAKINGS - PRIVATE PROPERTY AND THE POWER OF EMINENT DOMAIN? Publication date: 01/01/1985. AMAZON SUMMARY OF BOOK: "If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance.

Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind?

Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
@yeomanpodcast
@yeomanpodcast 4 ай бұрын
So many normally disparate groups are aligned on this issue. I’m optimistic.
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